Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-18
APPLICATION FOR PATENT.


Where papers have once been fled with the
Register and Receiver they become . part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
eral Land ONCE.
An application will be rejected when the
scription of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
~second-The notice was not published in q
newspaper designated as published neArestthe
claim.
Thi-d-Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending q suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located in accord
ance with law.
Where several parties own separate and dis
tinct portions Of Q claim. application for
Of the claim owned by him: but where several
parties own undivided interests in : mining
claim all should join In an application for .
patent.
A person or association may purchase as
many placer locations a. the local law admits,
and embrace them ell in one application for .
patent.
Two or more lodes cannot be embraced In
one application for Q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport-
ing to act o. . deputy for the Register and Be.
ceiver cannot be recorded ss evidences.
In all patents for mining claims situated
within the interior boundaries Of . town ate
| Q clause ia inserted "excepting and excluding
all town property, rights upon the surface.
aud all houses. buildings, structures. lots.
| blocks, streets, alleys or other municipal I'm
provements not belonging to the grantee here
In, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made a only
one newspaper for the period of 60 days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and in daily
newspapers go days must elspse between the
frat and last insertions.
Where the Register designates the daily issue
Of g newspaper fer publication of notices of .
mining application for patent 1t Is not q COM
pliance with law TO change to the weekly edi-
ton Of the same paper without authority Of
the Register.
The existence OF Q salt spring on . tract Of
land withdraws 1t from the operation Of the
Homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character Of such land is not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate and
distinct claim against each application which
1t is alleged conflicts with the premises owned
by such adverse claimant.
TIL papers In an adverse claim, once nled,
cannot be withdrawn, but becomes . part of the
record.
When an adverse claim has been nled IL can.
not be amended SO as to embrace q larger por.
ton of the premises than that described In the
original adverse claim.
An adverse claim must be made out in
proper form and flied In the proper local Office
during the period of publication Of the appli-
cation for the patent to be effective.
1t Is the duty Of the adverse claimant o
commence suit In proper form within the re-
quired time, and II he trusts the uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to ommen suit be the result Of
the cor upt or dishonest sction Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions of law, without stating the
facts specially. will not be considered in evi.
dence.
An adverse claimant should show q compli.
ance with the local laws In yecording his claim
and in regard to expenditures. and shall hle a
copy OF the original notice OF his location, and
show the nature or extent Of the conflict
alleged.
An allegation of parties to 8 suit that they
compose the company IL sufficient, and they
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL Lands,
Where land Is Of little. II any value, for sgri.
cultural purposes, but is essential to the
proper development Of mining claims, 1t
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be cancelled at any time
prior to issuance Of patent, upon satisfactory
evidence Of the existence Of such valuable de.
posits.
Where valuable deposits Of mineral are dis.
covered upon . tract after the same las been
inferred a. agricultural. but before l stent has
been issued. the parties claiming the mine
may make application for patent for same.
and the agricultural entry win be Cancelled 10
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
Issued to an agricultural claimant. they pass
with the patent.
/ AorfculturaI OoIlaoa so~.n -